Copyright in the Digital Single Market Post-Brexit - What Happens Next?

Introduction

On 27 March 2019 when out of office, Boris Johnson M.P. tweeted that the European directive No. 2019/790 on 'Copyright and Related Rights in the Digital Single Market', (the CDSM) was in his view:

'… terrible for the internet. It’s a classic EU law to help the rich and powerful, and we should not apply it. It is a good example of how we can take back control…'.

Accordingly, shortly after becoming Prime Minister in the lead up to Brexit, in January 2020, it was confirmed that the UK would indeed not apply the CDSM which is due to take effect on 7 June 2021 across the 27 states of the European Union.

The CDSM proved to be controversial and its implementation is now taking place as legislators around the world struggle to assess and address the nature, power, and impact of global online companies.

This newly updated webinar will consider the stated objectives of the CDSM and whether such are likely to be achieved. It will explain the text and data mining exceptions, the protection of press publication when used online, the measures for enhancing collective licensing as well as the CDSM's other provisions.

Finally, the webinar will also consider what effect the CDSM might have on the broader debate over the regulation of BigTech and what difficulties might the implementation of the CDSM might face especially in light of the UK's decision not to apply its provisions.

What You Will Learn

This webinar will cover the following:

• The background and premise upon which the Copyright in the Digital Single Market, (‘CDSM’) is based
• A description and explanation of the provisions of the CDSM, most notably:
• The text and data mining exception
• The enhanced role of collective licensing
• The press publication right protecting content online
• Access of audio-visual works to VOD platforms
• The obligations on online content-sharing services providers
• Enhanced rights for authors and performers
• Defences for teaching establishments, use of public works, and cultural heritage institutions
• Issues likely to impact on the implementation of the CDSM
• The likely role of CDSM within the broader global debate about whether and if so, how to regulate the online use of protected works

This webinar was recorded on 27th October 2021